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Carmeniti v. Brady & Gioe, Inc.

212 A.D. 831 Court N.Y. App. Div. English

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p. 831
Carlo Carmeniti, Appellant, v. Brady & Gioe, Inc., Respondent.

Judgment reversed upon the law and the facts, with costs, and a new trial granted, with costs to abide the event. The plaintiff made out a prima facie case calling for testimony to rebut on the part of the defendant, and it was error for the court to dismiss the complaint, since it was a question of fact which should have been submitted to the jury. Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.